J1 out of status

[spur230]

What is the name of your state (only U.S. law)? CA

I came to US on dec 1st 2007 on j1 visa not subject to 2 years resident requirement. However, when i came i found out the deal with visa sponsor was incomplete as they were asking for more money which was not fesible. So i could not work with the host family.

So i was doing nothing. lot of people suggested different things. Finally i deceided to apply for change of status on setember , 2008. I did not know what was my status till that stage.

Now i got a letter from USCIS saying my SEVIS was invalid on nov 27, 2007 .They want to know if this was done in error or if there is some descripency ?

So, I want to know what can be done in this stage. Am i subject to 10 year bar. I applied to COS to F1 before nov 27, 2008 on sep 01 ,2008. Can i request them not to apply the 10 year ban and i will leave the country .

what can be done in my case? Any help and suggestion is highly appreciate

 

[poncho]

Not legal advice by any means. The real advice is you need a lawyer big time. In fact I suspect not having a lawyer from the start is why your having this serious problem.

A lawyer may have more legal grounds to help you. Different things apply to people from certain countries. What is your actual citizenship? You might have certain rights under new laws, etcetera that nobody got the memo on at USCIS! Don't make my opinion on this subject into an argument to stay. So much has changed since I last really looked at the laws, rules and regulations, etcetera. My advice if given could get you into even more trouble cause things change over night in this area.

 

[spur230]

Thanks Poncho for your suggestion.

 

[poncho]

Purely for example. Semi-criticism. Knew a guy who was a American Indian born in Canada. He was riding the Greyhound to Seattle from Vancouver. Got halfway to his destination stopped for a cigarette. Good old days when they were border patrol agents saw him at the bus station. Guess they did not like something. They deported him for no reason.

Nonimmigrants in the following categories are exempt from the passport and visa requirements of INA 212(a)(7)(B)(i)(I) , (i)(II) :

(b) American Indians born in Canada. An American Indian born in Canada, having at least 50 per centum of blood of the American Indian race, entering from contiguous territory by land or sea (sec. 289, 66 Stat. 234; 8 U.S.C. 1359).

Border patrol stops at U.S customs to ask about the above law. Got into a six hour discussion with various custom's people. American Indians born in Canada cannot be deported nor denied entry for any reason into the United States by law. Long story short they deported him without applying any penalties. The border still messes with for not having proof of citizenship, etcetera. The above law has been so since the founding of America.

Biggest reason a lawyer is your best bet. Quote below are fairly new and only quoting a bit. Its fairly complex and the volume of people USCIS deals with, you could have a waiver or something simple or maybe not at all. I bet some people below have even argued with their own lawyers.

§ 41.2 Waiver by Secretary of State and Secretary of Homeland Security of passport and/or visa requirements for certain categories of nonimmigrants.

Pursuant to the authority of the Secretary of State and the Secretary of Homeland Security under INA 212(d)(4) , the passport and/or visa requirements of INA 212(a)(7)(B)(i)(I) , (i)(II) are waived as specified below for the following categories of nonimmigrants:

(a) Canadian nationals. A visa is not required. A passport is not required for Canadian citizens entering the United States from within the Western Hemisphere by land or sea, or by air as participants in the NEXUS Air program pursuant to 8 CFR 235.1(e) . A passport is otherwise required for Canadian citizens arriving in the United States by aircraft.

(b) Citizens of the British Overseas Territory of Bermuda. A visa is not required. A passport is not required for Citizens of the British Overseas Territory of Bermuda entering the United States from within the Western Hemisphere by land or sea. A passport is required for Citizens of the British Overseas Territory of Bermuda arriving in the United States by aircraft.

(c) Bahamian nationals and British subjects resident in the Bahamas. A passport is required. A visa is not required if, prior to the embarkation of such an alien for the United States on a vessel or aircraft, the examining U.S. immigration officer at Freeport or Nassau determines that the individual is clearly and beyond a doubt entitled to admission.

(d) British subjects resident in the Cayman Islands or in the Turks and Caicos Islands. A passport is required. A visa is not required if the alien arrives directly from the Cayman Islands or the Turks and Caicos Islands and presents a current certificate from the Clerk of Court of the Cayman Islands or the Turks and Caicos Islands indicating no criminal record.

(e) British, French, and Netherlands nationals and nationals of certain adjacent islands of the Caribbean which are independent countries. A passport is required. A visa is not required of a British, French or Netherlands national, or of a national of Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or has residence in Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, if the alien:

 

[evcalyptos]

poncho, what are you talking about? None of what you posted applies to this guy's situation.

?????

 

[realicious]

Your SEVIS was invalid on nov 27, 2007 (before you took the flight to US) and the deal was off between the sponsor and host family (I guess your visa category was AuPair), it is possible that you were out of status from the moment you came to US. If you were out of status since then, your change of status (COS) would not be granted. And when you knew that the deal was off and you could'nt work, you should have returned to your country and try for J visa again.

You did not mention if your COS was denied but if "SEVIS was invalid on nov 27, 2007" meant to be the reason for denial of your COS, then you were out of status since Dec. 1, 2007. Although you can have a new sponsor and request to reinstate - at this point the COS is out of question - for a J-1 status claiming that the sponsor and host family did something worng but no one can guaranty that USCIS will accept your claim and grant you to stay.

The 10 year bar applies to those who stayed in the US vor more than 365 days without a legal status and now we are in Jan 2009. Therefore, if your COS is denied and/or leave the country you will definitly trigger that bar. You can decide to leave the country and try to fix this 10 year bar you need to apply for a waiver of inadmisibility with all supporting documents but I would strongly suggest that you consult with, at least, a couple of immigration attorney.

 

[spur230]

Thanks a lot for your advice realicious.

I wanted to clarify one more question. I had already applied for COS before 1 year. in other words it looks like I became out of status on Dec 1, 2007 but I files for COS of sep , 2008. so would I be subject to 10 year bar or 3 years bar.

My COS status is still pending , USCIS had filed REF to send letter explaing the discripency?